We have set out below details of successful cases this month which show how the firms strategies are used to pursue dismissal of the charges where the police fail to manage the case properly before the trial. Other issues include non-attendance of prosecution witnesses and the use of expert witnesses to support medical defences.
Peterborough MC – R v KD 02/03/20
The client was charged with driving with excess alcohol. Chris Filer (instructed by Sandra Cooper) successfully opposed an attempt by the prosecution to adjourn the trial after the police witness failed to attend Court. The prosecution offered no evidence.
Uxbridge MC – R v AT 03/03/20
The client was prosecuted for being drunk in charge. Richard Berman (instructed by Sandra Cooper) successfully argued there was no intention of driving the vehicle. Charges were dismissed and the client was awarded defence costs.
Poole MC – R v JC 04/03/20
The client was charged with failing to provide a breath sample. Jay Lemosa (instructed by Sandra Cooper) successfully persuaded the Court that the client had medical grounds for failing to provide after hearing evidence from a defence expert instructed by the firm that her coughing was caused by a chest condition.
Highbury Corner MC – R v CB 05/03/20
The client was charged with failing to provide breath specimen but had no recollection of being asked to provide the specimen. The case was discontinued on the date of trial after Richard Berman (instructed by Sandra Cooper) identified numerous disclosure failings including CCTV, custody record and details of the nurse who assessed the client.
Wimbledon MC – R v FB 09/03/20
The client was charged for driving with excess alcohol. The reviewing lawyer was Sandra Cooper. The case was discontinued before trial after issues were raised about the strength of the evidence and insufficient evidence of driving.
Loughborough MC – R v AA 13/03/20
The client was charged for driving with excess alcohol. The issue was denial as to driving the vehicle and failure by the police to arrange a translator. The reviewing lawyer was Laura Heywood. Martin Keys (platinum level lawyer) successfully opposed an application to adjourn the case by the prosecution who were not ready with witnesses. As a result the prosecution offered no evidence and the Defendant was awarded costs.
Stratford MC – R v KS 17/03/20
The client was charged for driving with excess alcohol. There were issues around the client’s mental fitness to understand the breath test procedures and the statutory warning. Before the date of trial Eugene McLaughlin (reviewing lawyer) made written representations for the case to be discontinued as the prosecution had failed to service unused material or CCTV in advance of trial. The CPS dropped the case on 12/03/20 resulting in the client not having to attend Court.
Kirklees MC – R v JP 18/03/20
The client was charged for driving with excess alcohol. There were issues around the reasons for stopping the vehicle and machine reliability. Laura Heywood (instructed by Sandra Cooper) successfully opposed an adjournment request by the prosecution after police witness statements were not served properly in advance of trial. Charges dismissed.
Romford MC – R v OA 23/03/20
The client was charged for driving with excess alcohol. The issue in the case was procedure on the breath test. Jay Lemosa instructed by Laura Heywood successfully opposed an adjournment request by the prosecution after police had failed to serve a schedule of unused material. Subsequently the prosecution sent a notice of discontinuance on 17/03/20 before the trial.